25 Aug Top Mistakes South African Expats Make That Risk Citizenship
Navigating South African citizenship rules has proven to be challenging for South African expats. Before the Constitutional Court’s ruling in favour of an application made by the Democratic Alliance (DA) on the 6th of May 2025, the court upheld the citizenship of South Africans who had unintentionally lost their nationality due to acquiring dual citizenship without first filing for their retention of South African citizenship.
After a lengthy legal battle, the court ruled that anyone who lost their citizenship under this provision has now received it back. Regaining SA citizenship after dual loss is much easier with the help of professional SA immigration specialists, like those on our team. The main mistake most South Africans used to make was acquiring a secondary nationality without getting permission from the Department of Home Affairs to retain their citizenship. Section 6 of the Citizenship Act, before it was ruled unconstitutional, infringed on the right to citizenship.
Section 6(1)(a) of the Citizenship Act stated that South Africans lost their citizenship automatically upon acquiring a foreign nationality, subject to the fact that the Minister of Home Affairs had previously exempted them from such. This created an unintended loss of citizenship among most people who took up a foreign nationality.
Current Risks to South African Citizenship
While this ruling protects South Africans from automatic loss of citizenship, there are still some risks expats face that can lead to complications or loss of citizenship.
1. Voluntarily renouncing South African citizenship without full awareness
Some expats choose to renounce citizenship to avoid any complications of dual citizenship or because they assume it’s required; however, renunciation means losing citizenship and the right to return easily. Reinstating your South African citizenship is complicated and not automatic.
2. Serving in a foreign military during wartime against South Africa
This instance of losing citizenship is typically rare, but legally a direct cause. When you, as a South African, choose to serve in another country’s armed forces, especially if that country is at war with South Africa, it can lead to the loss of citizenship.
3. Administrative or compliance issues
Other issues that may complicate or risk citizenship are failing to update documents, register children born abroad, or manage tax and residency obligations. Many expats don’t officially inform the South African Revenue Service (SARS) about their move abroad, which can cause ongoing tax obligations, penalties, and double taxation. Expired and outdated documentation can cause travel and legal difficulties and hinder proof of South African citizenship. Another important risk expats take is failing to register their children. If children born abroad to South African parents are not registered, they might face citizenship and documentation challenges.
An important note to make is that misunderstanding dual citizenship rules no longer directly risks losing South African citizenship, following the Constitutional Court ruling that Section 6(1)(a) of the Citizenship Act is unconstitutional. However, it can still create administrative or financial complications, such as issues with passports, visas, or taxes. Look into using SA’s new portal to restore citizenship once it launches, to initiate the process online.
South Africans no longer lose citizenship automatically when acquiring another nationality, but expats need to remain vigilant. CONTACT US today to ensure you stay informed and keep your documentation up to date to protect your South African citizenship.